Capture of Covenanting Town of Dumfries. Sr> 



the report of the Committee for the process concerning the desire 

 of James Maxwell of Breconside, his supplication given in to the 

 Committee, cra\ing to be dismissed and put to liberty from his 

 constraint and confinement, Together with the opinion of the 

 foresaid Committee thereanent, viz. : That the said James Maxwell 

 of Breconside might be put to liberty, he finding caution for his 

 good beliaviour in time coming, Seeing he has paid the sum of 

 Two thousand merks of fine and had produced the discharge 

 which was before the Committee. The Estates of Parliament 

 appro\es of the said commission of the said Committee, And 

 ordains the said James Maxwell of Breconside to be put to libertv. 

 He finding sufticient caution for his good behaviour and good 

 carriage in time coming, under the pain of five thousand merks 

 Scots,'' etc. 



Passing to notice other delinquents: — On 2d Julv, 1644, the 

 Estates appointed a committee for trying the Earl of Hartfell, 

 the laird of Amisfield, and the Provost of Dumfries. The laird 

 of Lag, grandfather of the terrible laird, who took part in the 

 surrender of Dumfries, was not put on trial. He was one of two 

 representatives in Parliament for the county of Dumfries, and had 

 been and continued to be so for many years. Taking these in 

 their order, the Earl of Hartfell was not a partisan. He specially 

 desired, like many others, to act in such a wav as to secure the 

 continued possession of his estates. At the time when Montrose 

 denounced him as a traitor he was acting for the Scottish Parlia- 

 ment as officer or colonel for the Stewartry of Annandale, and 

 had just been advised to have a special care in preserving the 

 peace within the Stewartry. Not having been sufficiently alert in 

 the performance of this dutv, he was, following on the invasion, 

 incarcerated in Edinburgh Castle. After remaining some time in 

 prison he, on 21st July, petitioned Parliament that he might be 

 liberated from prison meantime until his trial should come on. 

 He was ordained to be enlarged out of the Castle, but to remain 

 confined within the town of Edinburgh and two miles around. 

 Next year, 17th January, he craved two or three days' liberty to 

 visit a friend outside the bounds of his confinement, who was 

 dying and with whom he had some particulars to communicate. 

 The liberty asked for was granted on security not to go bevond 

 his friend's house and to return to his confinement. T-ater he 



